The MCIAA
in Food, Beverage & Lodging
Establishments
- an Update
John Olson
MDH Indoor Air
Enforcement Coordinator
Freedom to Breathe
Implementation
Facility Managers
MDH Sanitarians
Education
Inspections
Local Public Health
651.201.4614
[email protected]
Compliance
Education
Delegated
Enforcement
Topics
How many complaints?
How many complaints……
?
complaints……?
MCIAA Refresher
Patios – Indoor or Outdoor?
Other Burning Issues
Enforcement Jurisdiction
Q&A
MCIAA Refresher
Where is smoking permitted?
Private residences
Hotel/motel sleeping rooms
Outdoors
Approx. 230
complaints
105 Cases
36 FBL Cases
30 Enforcement
Actions
6 Businesses
Fined
Proprietor Responsibilities:
Sign Posting
Outdoor table service is allowed
No “setback”
setback” standards
All entrances
Signs on or
immediately inside
Symbol or “No
Smoking”
Smoking”
language
½ inch lettering
Outer circle > 3”
diameter
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Proprietor Responsibilities:
Non-Compliant Patrons
If a patron refuses to comply:
1) Don’
Don’t serve them – its illegal
2) Ask them to put it out
3) If they refuse, ask to leave
4) If they won’
won’t comply, call the
cops
Important Definitions: Indoor Area
Proprietor Responsibilities:
Smoking Equipment
No public display of
ashtrays & matches
Selling cigarettes OK if
licensed
“Behind the counter”
counter” OK
Important Definitions: Indoor Area
Indoor Area
“Indoor area”
area”:
Space between a floor and a ceiling that is bounded by
walls, doorways, or
Windows, whether open or closed,
closed,
More than 50 percent of the combined surface area of the
vertical planes constituting the perimeter of the area.
Standard screen is not a wall.
wall.
Indoor Area
Indoor Area
2
Indoor or Outdoor Area?
Indoor or Outdoor Area?
Indoor or Outdoor Area?
Important Definitions: Indoor Area
Indoor/Outdoor Determination
Burning issues: E – Cigarettes
1) Define the area:
Space between a floor and a ceiling that is
bounded by walls
2) Measure closed perimeter surface area
Include attachment wall or walls w/in 3 feet of
perimeter
All vertical surfaces, except open or screened
3) Measure open perimeter surface area
No physical barriers, except standard screen
4) If #3 greater than or equal to #2 = Outdoor Area
If #2 greater than #3 = Indoor Area
Not Regulated
Not “lit”
lit”
No plant product
intended for
inhalation
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Other Burning Issues
Hookah Lounges
Indian Reservations
Not Tobacco Shops
MCIAA applies if MDH licensed
After Hours
No Private Party Exemption
Enforcement Roles
Traditional Law
Enforcement, or
Local Public Health
Delegation Agreement
Minnesota Department of
Health
Indoor Air Unit
Food, Beverage & Lodging
MDH Enforcement Model
MDH Sanitarians
Routine FBL Inspection
Assistance for IAU
MCIAA Enforcement
Write Order and Copy IAU
Inspection
Delegated Agencies
IAU advises
Formal request to relinquish
Proposed Legislation
Rumored Enclosed
Shelter Revisions
Questions?
Not yet proposed
Last bill passed House
Proposed Bar Exemption
HF 257, SF 0270
Would require 2 Ac/Hr
50% + liquor sales, or
Separation from restaurant
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Legislation Basics
Freedom to Breathe
Amendment to the MCIAA
Protection from secondhand
smoke
Eliminating indoor smoking
vs. limiting smoking
Virtually all public
places & workplaces
?
Lodging Facilities
Smoking permitted
in guest sleeping
rooms
Smoking prohibited
in common areas
Smoking prohibited
for private parties
Important Definitions: Smoking
"Smoking" means:
Inhaling or exhaling tobacco or plant product smoke
Includes carrying a lighted tobacco or plant product
intended for inhalation.
inhalation.
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